In re Felton
Ohio Court of Appeals
124 Ohio App. 3d 500, 706 N.E. 2d 809 (1997)
- Written by Meredith Hamilton Alley, JD
Facts
A young female (the victim) claimed that Chris Scott Felton (defendant), a juvenile, grabbed her breast. Felton initially admitted that the victim’s claim was true, but he later claimed the touch was accidental. The state (plaintiff) charged Felton with delinquency by sexual imposition, which would have been a third-degree misdemeanor if Felton were an adult. Felton denied the charge, and the matter went to trial. Three witnesses testified that they saw Felton grab the victim’s breast, but the victim did not appear to give her testimony. The trial court found that in absence of the victim’s testimony, the state did not prove the charge beyond a reasonable doubt. The trial court, however, held that unruliness was a lesser included offense in the original charge and amended the state’s complaint to include the charge of unruliness based on Felton’s act of grabbing the victim’s breast. The court found that Felton was an unruly child. Felton appealed, arguing that the court improperly amended the complaint.
Rule of Law
Issue
Holding and Reasoning (Hadley, J.)
Dissent (Shaw, J.)
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